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FRAUD, ASSET TRACING & RECOVERY The Global Flagship Conference for Fraud, Asset Recovery and Contentious Insolvency Practitioners!
14–15 March 2024 Hotel President Wilson Geneva
C5-Online.com/Fraud-Geneva
SPECIAL INTERVIEWS WITH: Valentina Lavagno Procureure Fédérale au Sein de L’unité Entraide Internationale et Spécialiste Ministère public de la Confédération MPC (Switzerland)
Supporting Sponsor
Cédric Remund Procureur Fédéral, Responsable du Domaine D’infractions « Criminalité économique générale Ministère public de la Confédération MPC (Switzerland)
Associate Sponsors
Emma Luxton Head of Proceeds of Crime and International Assistance Serious Fraud Office (UK)
Vanessa Sisti Assistant Chief, Criminal Division, Fraud Section U.S. Department of Justice (Fraud Prosecutorial Liaison to the UK)
Vincent Ven Head of Anti-Match-Fixing Unit UEFA (Switzerland)
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Two Days of Content Rich Discussions with the True Thought Leaders in Asset Recovery
WELCOME BACK DRINKS RECEPTION on 13 March Extended networking breaks and luncheons Benchmark with the true trailblazers and influencers in global asset recovery! Impromptu meet-ups in the foyer, smaller-group and 1:1 meet-ups with new contacts Join senior officials from Key Fraud Enforcement Agencies New “Out of the Box” interviews and discussions Case Law updates from multiple jurisdictions
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WHO
WILL YOU MEET? Share-All P artners, solicitors and barristers specializing in fraud, asset tracing and recovery, insolvency and dispute resolution Share-All F orensic accounting, litigation and business intelligence consultants Share-All Litigation funding firms Share-All Government regulators and prosecutors Share-All Investigators and asset tracing specialists Share-All Technology solution providers Share-All Heads of risk and advisory services
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Fraud, Asset Tracing & Recovery GENEVA – SINCE THE FIRST EDITION
1,500+ ATTENDEES
450+
SPEAKERS
500+
ORGANISATIONS
50+ COUNTRIES 6 CONTINENTS
2024 GLOBAL ADVISORY BOARD Saverio Lembo
Sophie Eyre
Tameka Davis
Jonathan Addo
Jane Colston
Benjamin Borsodi
Costas Stamatiou
Edward H. Davis, Jr
Martin Kenney
Keith Oliver
Mona Vaswani
Colette Wilkins
Partner Bär & Karrer SA (Switzerland)
Partner Brown Rudnick LLP (UK)
Head of Firm Martin Kenney & Co (MKS) (British Virgin Islands)
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Partner Bird & Bird LLP (UK)
Partner Schellenberg Wittmer Ltd (Switzerland)
Head of International Peters & Peters Solicitors LLP (UK)
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Partner Conyers Dill & Pearman (British Virgin Islands)
Partner Elias Neocleous & Co. LLC (Cyprus)
Partner Milbank LLP (UK)
Partner Harneys (British Virgin Islands)
Founding Shareholder Sequor Law (USA)
Partner Walkers (Hong Kong)
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GOVERNMENT SPEAKERS Valentina Lavagno Procureure Fédérale au Sein de L’unité Entraide Internationale et Spécialiste Ministère public de la Confédération MPC (Switzerland)
Cédric Remund Procureur Fédéral, Responsable du Domaine D’infractions « Criminalité économique générale Ministère public de la Confédération MPC (Switzerland)
Emma Luxton Head of Proceeds of Crime and International Assistance Serious Fraud Office (UK)
Vanessa Sisti Assistant Chief, Criminal Division, Fraud Section U.S. Department of Justice (Fraud Prosecutorial Liaison to the UK)
Saverio Lembo Partner Bär & Karrer Ltd. (Switzerland)
Keith Oliver Head of International Peters & Peters Solicitors LLP (UK)
Mona Vaswani Partner Milbank LLP (UK)
CONFERENCE CHAIRS Jane Colston Partner Brown Rudnick LLP (UK)
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EXPERT SPEAKER FACULTY INCLUDES Jonathan Addo Partner Harneys (British Virgin Islands)
Markus Brinkmann Partner BDO Germany (Germany)
Laurence Emmet KC Barrister One Essex Court (UK)
Martin Kenney Head of Firm Martin Kenney & Co (MKS) (British Virgin Islands)
Ilias Anagnostopoulos Partner Anagnostopoulos (Greece)
Audrey Byrne Partner McCann FitzGerald LLP (Ireland)
Thomas Eymond-Laritaz Founder & CEO Highgate
Yves Klein Partner Monfrini Bitton Klein (Switzerland)
George Ayoub Partner Schellenberg Wittmer Ltd
Shane Crooks Partner BDO LLP (UK)
Joanna Bogdańska Partner KW Kruk and Partners (Poland)
Benjamin Borsodi Partner Schellenberg Wittmer Ltd (Switzerland)
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Rachel Cropper-Mawer Partner Clyde & Co. LLP (UK)
Robin Darton Partner Tanner De Witt (Hong Kong)
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Sophie Eyre Partner Bird & Bird (UK)
Jennifer Fox Partner Ogier (Cayman Islands)
Bettina Knoetzl Partner KNOETZL (Austria)
Andreas Krannich Executive Vice President Integrity Services Sportradar (Germany)
Peter Gray Partner ADG Legal (United Arab Emirates)
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Dmytro Marchukov Partner INTEGRITES (Ukraine)
Danny Ong Managing Director Setia Law (Singapore)
Justina Stewart Barrister Outer Temple Chambers (UK)
Oren Warshavsky Partner Baker & Hostetler LLP (USA)
Andrew McLeod Barrister One Essex Court (UK)
John Oxenham Managing Partner Primerio (South Africa)
Natalie Todd Partner Cooke, Young & Keidan LLP (UK)
Piers de Wilde Partner StoneTurn (UK)
Paul Mitchell Barrister 4 New Square (UK)
Dorothy Siron Partner Stephenson Harwood LLP (Hong Kong)
Vincent Ven Head of Anti-Match-Fixing Unit UEFA (Switzerland)
Grzegorz Woźniak Managing Partner Woźniak Legal
Antonia Mottironi Partner Ardenter Law (Switzerland)
Costas Stamatiou Partner Elias Neocleous & Co. LLC (Cyprus)
Abraham Vergis Managing Director Providence Law Asia (Singapore)
Sheila Ng Partner Rajah & Tann Singapore LLP (Singapore)
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Dan Wyatt Partner Reynolds Porter Chamberlain LLP (UK)
Media Partners
Christopher A. Noel Counsel Sequor Law (USA)
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Wednesday, 13 March 2024 17:30–18:30
WELCOME BACK DRINKS RECEPTION
Co-Sponsored by
CONFERENCE DAY ONE
Thursday, 14 March 2024 8:00
Registration and Networking
8:45
Co-Chairs' Opening Remarks Saverio Lembo Partner Bär & Karrer Ltd. (Switzerland)
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Jane Colston Partner Brown Rudnick LLP (UK)
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MAIN CONFERENCE DAY 1 9:00
Fraud Café Roundtable Series
Enjoy some breakfast, settle in and connect with your peers through a series of rotating roundtable discussions. This interactive, ice-breaking session will operate as a series of 25-minute smaller-group discussions — where the speakers and audience members can switch tables thereafter for discussion on the other hot button issues. We will then hear from each of the Roundtable speakers as they provide us with a recap of the takeaways from each session:
ROUNDTABLES Artificial Intelligence in Investigations: How ChatGPT, Machine Learning and Holistic Authentication Tools Can Be Used in Asset Recovery Investigations Jane Colston Partner Brown Rudnick LLP (UK)
Paul Mitchell Barrister 4 New Square (UK)
Defense Counsel Perspectives on Representing Fraud Victims and Other Parties: Tactical Considerations and Best Practices for Challenging Asset Freezes, Seizures, Confiscation, and Restitution Antonia Mottironi Partner Ardenter Law (Switzerland)
Natalie Todd Partner Cooke, Young & Keidan LLP (UK)
Spotlight on Fraud & Asset Recovery in APAC: A Look at the Most Pressing Issues and Recovery Tactics in The Region Dorothy Siron Partner Stephenson Harwood LLP (Hong Kong)
10:15
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Abraham Vergis Managing Director Providence Law Asia (Singapore)
Roundtable Recap: Takeaways and Lessons Learned
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MAIN CONFERENCE DAY 1 10:30 Networking Break
11:00
SPECIAL FIRESIDE CHAT WITH MPC PROSECUTORS Criminal Prosecution in Switzerland: State of Play and Focus on Asset Recovery Valentina Lavagno Procureure Fédérale au Sein de L’unité Entraide Internationale et Spécialiste Ministère public de la Confédération MPC (Switzerland)
11:45
Cédric Remund Procureur Fédéral, Responsable du Domaine D’infractions « Criminalité économique générale Ministère public de la Confédération MPC (Switzerland)
Contentious Cross-Border Insolvency & Restructuring: Acknowledgement and Enforcement of Insolvency in Foreign Jurisdictions
Cross-border insolvency laws present a complex landscape within which fraud practitioners must navigate, with an eye towards foreign substantive law and an array of other foreign insolvency and fraud-related proceedings. In this session, leading experts will discuss the nuances of cross-border insolvency and restructuring laws in different global jurisdictions, including discussions on: • Large-scale frauds with multiple victims and assets: Initiating and following insolvency claims simultaneously in more than one jurisdiction • Navigating through global cross-border insolvency and restructuring laws • Comprehensive strategies on debtor-side assignments and practical tips for handling complex and sophisticated creditor rights matters
Robin Darton Partner Tanner De Witt (Hong Kong) Sheila Ng Partner Rajah & Tann Singapore LLP (Singapore)
Costas Stamatiou Partner Elias Neocleous & Co. LLC (Cyprus) Jonathan Addo Partner Harneys (British Virgin Islands)
• Initiating recovery efforts from corporate misconducts and sophisticated creditor rights matters • How to utilize insolvency and restructuring as mechanisms for exposing fraud; as well as detecting and recovering assets
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MAIN CONFERENCE DAY 1 12:45 Networking Luncheon Sponsored by:
14:00 The Use of Judicially Sanctioned Secrecy: The Tortoise Catching the Hare A fraudster is the hare. An asset recovery team is the tortoise. The tortoise is slow and lumbering — and cannot catch the hare absent the use of utmost secrecy of its movements. However, open justice and the rights of freedom of expression and to due process are core principles in a free and democratic society. Derogations can only be justified in exceptional circumstances. When can a Court cloak a disclosure order in ancillary secrecy orders? How is this question answered by the courts? This panel will explore this important subject by discussing: • Ex Parte Super Injunctions
• Anonymization Orders
• Sealing and Gagging Relief
• Temporary Suspension of the Adversarial Process
Rachel Cropper-Mawer Partner Clyde & Co. LLP (UK) Martin Kenney Head of Firm Martin Kenney & Co (MKS) (British Virgin Islands)
The panel will consider the availability of these pre-emptive remedies under English, BVI, U.S. and Brazilian law.
15:00 Confiscation in Fraud and Asset Recovery: Determining the Magnitude and Basis for the Confiscation Fraud is an increasingly common global delinquency, and it is therefore critical to have a procedure in place for the confiscation of assets as a way to restore criminal and civil justice. In addition, practitioners must collaborate with the necessary government or local law enforcement officials to exercise due diligence in enabling effective value-based and conviction-based asset forfeiture. Join us in this informative and interactive discussion, as our panel of experts discuss the: • Type of authorities in several jurisdictions that are entitled to confiscate (criminal, regulatory, other) • Scope of confiscation in bribery and money laundering cases • Limitations when the corporation has generated profits through legitimate business activities; versus profit that is generated from corruption • Methods that are used to determine the magnitude of the confiscation (based on profits generated, costs to be accounted for, etc.). • Procedures for the sharing of confiscation proceeds between jurisdictions • Different types of resolutions in these matters; and considerations for determining if there is still a place for trials in confiscation matters
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Ilias Anagnostopoulos Partner Anagnostopoulos (Greece)
Piers de Wilde Partner StoneTurn (UK)
John Oxenham Managing Partner Primerio (South Africa)
Audrey Byrne Partner McCann FitzGerald LLP (Ireland)
Benjamin Borsodi Partner Schellenberg Wittmer LTD (Switzerland)
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MAIN CONFERENCE DAY 1 16:00 Networking Break
16:30
FIRESIDE CHAT How to Bring Your Opponent to the Negotiating Table Keith Oliver Head of International Peters & Peters Solicitors LLP (UK)
Thomas Eymond-Laritaz Founder & CEO Highgate
17:00 INTERACTIVE GROUP SESSION
How to Handle the Heat: Navigating the Emotional Side of Fraud and Asset Recovery Disputes Given the often highly emotional side of Fraud and Asset Recovery disputes, parties — and their attorneys — frequently try to get rid of opposing counsel by commencing civil, criminal, and even disciplinary disputes against them. Be sure to join us in this highly interactive session, as our panelists share stories about highly contentious matters they have experienced. We will then open up the discussion for audience members to share their thoughts and experiences, including discussions on: • Is such behavior appropriate — particularly under a variety of differing bar rules in other jurisdictions? • How to react if such proceedings are/may be initiated against you
Bettina Knoetzl Partner KNOETZL (Austria)
Dmytro Marchukov Partner INTEGRITES (Ukraine)
Grzegorz Woźniak Managing Partner Woźniak Legal
Markus Brinkmann Partner BDO Germany (Germany)
17:45
NETWORKING DRINKS RECEPTION
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CONFERENCE DAY TWO
Friday, 15 March 2024 845
Breakfast and Networking Lounge Past Attendee, Bird & Bird
8:45
Advisory Board Meeting (by invitation only)
9:20
Conference Co-Chairs’ Opening Remarks Keith Oliver Head of International Peters & Peters Solicitors LLP (UK)
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This conference is important to me; it helps me solidify the relationships I’ve made.
Mona Vaswani Partner Milbank LLP (UK)
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MAIN CONFERENCE DAY 2
9:30
YEAR-IN-REVIEW Critical Issues That Practitioners are Facing: A Recap of the Most Pressing Challenges in Fraud and Asset Recovery
Some of the trends and developments in relation to fraud and asset tracing over the past year have been unanticipated and challenging, and one of the important developments is that there has been a sizeable change in the form, value and sheer volume of fraud cases heard in many courts across the globe. Due to the different methods that fraudsters are utilizing to perpetrate their schemes, it is critical for practitioners to update their toolkits to recover for clients. Join us in this session as our panelists discuss: • The advantages and drawbacks of entities being able to register digital assets in non-traditional asset havens • Continuing challenges in locating assets hidden in multiple jurisdictions • Strategies for pursuing assets housed within holding companies and subsidiaries • The continuing influence and attempts at fraudulent executive appointments • Newer resources and fraud prevention mechanisms that prosecutors have at their disposal when trying to enforce judgments and recover assets
Mona Vaswani Partner Milbank LLP (UK)
Yves Klein Partner Monfrini Bitton Klein (Switzerland)
Sophie Eyre Partner Bird & Bird (UK)
Oren Warshavsky Partner Baker & Hostetler LLP (USA)
Dan Wyatt Partner Reynolds Porter Chamberlain LLP (UK)
• What can and cannot be done in global fraud hotspots
10:30 Catch Me If You Can!: The Latest, Evolving Fraud Schemes in Football Corruption has enveloped world football and, more specifically, the governing bodies that are supposed to keep things in some sort of order. This has been an ongoing issue for decades, but the frequency and severity of the fraud conducted by the governing bodies has become staggering. Our panel of experts representing Sportradar and UEFA will address their biggest challenges; along with what has gone wrong over the years.
Andreas Krannich Executive Vice President Integrity Services Sportradar (Germany)
Vincent Ven Head of Anti-Match-Fixing Unit UEFA (Switzerland)
Saverio Lembo Partner Bär & Karrer Ltd. (Switzerland)
11:15
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Extended Networking Break
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MAIN CONFERENCE DAY 2
11:45
Complex, High-Value Asset Recovery Cases: Practitioner Tips for Overcoming Vexing, High Stakes Obstacles
Most high-value fraud victims are concerned about how they can recover from the significant financial losses that they have suffered, and there is often a huge gap between orders of restitution and recovery of the actual amount lost or hidden. In many of these cases, there are significant barriers in the way of being compensated — including insolvency, jurisdictional hurdles, evidentiary challenges, and difficulty in tracing assets. Moreover, when a high-value fraud involves a number of jurisdictions, it becomes a very complex landscape within which fraud practitioners must navigate, and requires focus and consideration of conflicting regimes, class priorities, foreign substantive law, and an array of other foreign insolvency and fraud-related proceedings. Bring your questions, as our experts address some of the most pressing and difficult challenges that confront fraud and asset recovery practitioners in complex matters, such as: • Challenges in selecting the right forum(s) and venue(s) to prevent delay, gain momentum and improve chances of asset recovery • Issues with obtaining and serving freezing orders against unknown individuals and organisations
Joanna Bogdańska Partner KW Kruk and Partners (Poland) Christopher A. Noel Counsel Sequor Law (USA) George Ayoub Partner Schellenberg Wittmer Ltd
Justina Stewart Barrister Outer Temple Chambers (UK) Peter Gray Partner ADG Legal (United Arab Emirates)
• What can be done to overcome a lack of cooperation between attorneys and enforcement authorities in the affected jurisdictions • Handling the different approaches taken to disclosure & discovery in Civil and Common Law jurisdictions
12:45 SPECIAL FIRESIDE CHAT
The SFO and the Renewed UK Enforcement Landscape Emma Luxton Head of Proceeds of Crime and International Assistance Serious Fraud Office (UK)
13:15
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Vanessa Sisti Assistant Chief, Criminal Division, Fraud Section U.S. Department of Justice (Fraud Prosecutorial Liaison to the UK)
Networking Luncheon
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MAIN CONFERENCE DAY 2 14:30 Receiverships Without Borders: Preventing the Disposal of Assets and Ongoing Fraudulent Behavior Receiverships have become an important means for a civil fraud victim to preserve assets and protect their interests before a court provides a final judgment on the merits of the case. A court-appointed receiver may be tasked with overseeing all financial and property transactions, and in some cases may even be granted investigative powers to review a defendant’s history with respect to fraud allegations. Any reluctance to allow prejudgment execution must yield to the more important goal of ensuring that the civil justice system provides a just and enforceable remedy against such serious misconduct. Be sure to join us in this session as our panelists discuss the factors that courts will consider when examining whether to appoint an investigative receiver, such as: • When the appointment of a receiver is necessary to alleviate any risk to the plaintiff’s right to recovery • Whether the receivership is intended to gather information on the defendant’s state of affairs as it relates to the matter at hand
Jennifer Fox Partner Ogier (Cayman Islands)
Danny Ong Managing Director Setia Law (Singapore)
Andrew McLeod Barrister One Essex Court (UK)
Shane Crooks Partner BDO LLP (UK)
• When the receiver will also have control over the defendant’s financial affairs, as in most cases an investigative receiver will be appointed to conduct an investigation only • How the receiver’s powers are limited to what is necessary, preventing overreach into the defendant’s affairs
15:30
Interactive Think Tank: Cross-Border Procedural Tricks and Traps
In an asset recovery case, it’s very important to identify the right tools to use; and gather all the pertinent information which can often lie outside the jurisdiction of the fraudster and the victim. The ability to identify and retrieve information from a wide array of sources which may be spread across numerous jurisdictions — and in different languages — is critical. Join us in this unique and interactive session, as our speakers will provide an international perspective on the biggest challenges they experience in fraud and asset recovery matters, including an examination of the different approaches taken to disclosure and discovery in Civil and Common Law jurisdictions.
Laurence Emmet KC Barrister One Essex Court (UK)
After the panel shares their perspectives on strategies that they have utilized in their jurisdictions, they will field questions from the audience on the possibilities of successfully pursuing fraud claims in jurisdictions with differing evidentiary and recovery challenges. Bring your questions and comments!
16:30
End of Conference | Thank you!
As in previous years many of the delegates will be heading off to Chamonix for a great weekend skiing after the conference ends on Friday afternoon. Chamonix is approximately 45 minutes to an hour away depending on traffic. Many of the participants have booked accommodations at the centrally located Hôtel Vallée Blanche. Reservations have been made for a group dinner on Saturday evening at Satsuki at the famous Cap Horn restaurant and night spot in the centre of Chamonix. All are welcome — whether skiers or not as the weekend is a great way to continue the bonhomie of the Geneva event and catch up with old — and make — new friends. Those of you who are planning on attending please email Leonie Stevens (lstevens@petersandpeters.com) and Sandrine Souvannavong (sandrine.souvannavong@baerkarrer.ch) as soon as possible.
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VENUE Bed INFORMATION Hotel President Wilson, a Luxury Collection Hotel, Geneva 47 Quai Wilson, 1211 Geneva 8, Switzerland Reservations: +41 22-9066666
ACCOMMODATIONS The C5 Group is pleased to offer our guests a limited number of hotel rooms at a negotiated rate. To take advantage of these rates, please contact the hotel directly and quote “C5’s Fraud Geneva“. Please note that when the room block fills, guestroom availability and rate can no longer be guaranteed.
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With conferences in the United States, Canada, Latin America and Europe, the C5 Group of Companies: American Conference Institute, The Canadian Institute, and C5 Group, provides a diverse portfolio of conferences, events and roundtables devoted to providing business intelligence to senior decision makers responding to challenges around the world. Don’t miss the opportunity to maximize participation or showcase your organization’s services and talent. For more information please contact us at: SponsorInfo@C5-Online.com
Supporting Sponsor BDO provides our clients with the resources they need where and when they need them. Our global forensics and asset tracing team uses its extensive experience, deep analytic skills, and stateof-the art technology to help our clients identify, locate and recover assets effectively and efficiently. BDO’s specialist team of forensic accountants, investigators and insolvency practitioners work together on global disputes and cross-border investigations involving complex cross-border asset tracing and bring unparalleled skills and experience to assist in recovering them. Associate Sponsors Sequor Law, a Miami-based international firm, excels in asset recovery, fraud, and cross-border insolvency. Serving a diverse clientele, including financial institutions and fraud victims, the firm is renowned for its expertise in complex disputes and international litigation. Its name, symbolizing pursuit and attainment, reflects its commitment to success. Sequor's award-winning team brings deep knowledge and experience from toptier firms, specializing in multi-jurisdictional investigations and disputes.
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Martin Kenney & Co (MKS) is a cutting-edge litigation practice based in the British Virgin Islands (BVI), tackling complex multijurisdictional fraud, litigation, arbitration and contentious insolvencies. Head of Firm, Martin Kenney, is widely-recognized as one of the world’s leading asset recovery lawyers practicing today.
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ABOUT US C5 celebrates 40 years of excellence! We are thrilled to have provided exceptional conference experiences globally with our outstanding team, speakers, sponsors, partners, and attendees. To mark this milestone, we're launching a new logo which represents our commitment to innovation, growth, and excellence, represented by the five Cs of C5: Current, Connected, Customer-Centric, Conscientious, and Committed. Looking back on 40 years, we are grateful for our achievements—hosting global conferences, uniting industry leaders, and supporting business growth. However, we are not done yet! We are committed to pushing boundaries and creating impactful experiences and we're excited for the next 40 years of success.
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23–24 January 2024 | Miami
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All programme participants will receive an online link to access the conference materials as part of their registration fee. Additional copies of the Conference Materials available for $199 per copy. To update your contact information and preferences, please visit https://www.C5-Online.com/preference-center/. Terms & conditions and refund/cancellation policies can be found at C5-Online.com/company/faq/ © C5, 2024
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C5-Online.com/Fraud-Geneva | LINKEDIN Fraud & Asset Tracing: Legal, Forensic, and Compliance Professionals
PHONE: +44 20 4532 2313
REGISTRATION CODE:
CONFERENCE CODE:
B00-643-643L24.WEB
643L24-GEN
Bringing a Team?* 3–4
10% Conference Discount
5–6
15% Conference Discount
7
20% Conference Discount
8+
Call +44 20 4532 2313
* Team/group registrations are for in-person only and must be from the same organisation/firm and register together in one transaction.
Part of C5 Group’s FRAUD & ASSET TRACING SERIES
Earn CPD CREDITS
The World's Premier Annual Gathering.
18th Edition
Connect with Trailblazers from 15+ Countries!
FRAUD, ASSET TRACING & RECOVERY The Global Flagship Conference for Fraud, Asset Recovery and Contentious Insolvency Practitioners! C5-Online.com/Fraud-Geneva
14–15 March 2024 Hotel President Wilson Geneva